Showing posts with label William Barr. Show all posts
Showing posts with label William Barr. Show all posts

Wednesday, June 10, 2020

Trump and Barr Consider Antifa Terrorists, But Not The KKK

Via Facebook I found a piece in the Jewish Journal that brings into sharp focus the sickness of the Trump/Pence regime and Trump's consigliere, AG William Barr.  The FBI's own records show that white supremacy groups pose the largest domestic terrorist threat, yet instead Trump and Barr want to declare Antifa - a loose organization with no leaders or organizational structure - as a "terrorist organization."  As for White supremacists in Charlottesville and other far right actions since, Trump refers to them as "very good people." Just today, Trump overruled the Department of Defense move to rename military bases named after Confederate generals in an effort to win allegiance from his white supremacist supporters. Here are article highlights:
“The United States of America will be designating Antifa as a Terrorist Organization,” President Donald Trump tweeted on May 31, the morning after American cities were engulfed with protests decrying the death of George Floyd. In major metropolises including  New York, Pittsburgh, Minneapolis, Dallas and Los Angeles, the demonstrations spiraled out of control, devolving into looting, vandalism and arson. 
Trump declared the lootings were “being led by antifa,” a decentralized movement threaded together by its militant, sometimes violent opposition to fascism and the far-right. 
Pittsburgh’s chief of police, agreed. Attorney General William Barr also pointed his finger at the group, saying the protesters were using “antifa-like tactics.” However, acting Homeland Security Secretary Chad Wolf said,  “A number of different groups are involved in these whether it’s antifa or it’s others, frankly.”
Whether you agree with antifa’s ideology or approach, [Trump's] the president’s announcement is shocking, given that many of the most violent hate groups in the United States aren’t designated as terrorists. One notable example is the Ku Klux Klan, which for decades has used bloodshed, intimidation and crime to terrorize Americans.
“White supremacist extremism is currently the most lethal form of extremism in the U.S.,” American University professor Cynthia Miller-Idriss told Congress in September. According to the Anti-Defamation League, the far-right was the source of 73% of domestic extremist-related slayings from 2008 to 2019. 
However, Trump has been much more hesitant to declare these menacing groups as terrorists.
The first time the U.S. labeled a white supremacist group as a terrorist organization was in April. However, the Russian Imperial Movement was not American-based. The ultra-nationalist organization is widely known for plotting bomb attacks on asylum seekers in Sweden. Meanwhile, countless other home-grown neo-Nazi, Holocaust denial, neo-Confederate and Skinhead organizations remain undesignated. 
When the United States labels a group as “terrorist,” it is not a symbolic gesture. . . . .
Terrorist groups are under the purview of terror-related intelligence bodies such as the National Counterterrorism Center (NCTC), which is uniquely suited to handle these deadly organizations. Right now, the NCTC is prohibited from preventing violent anti-Semites like the Pittsburgh and Poway, Calif., shooters. Trump’s National Strategy for Counterterrorism includes preventing terrorists from acquiring weapons. However, known neo-Nazis still are able to obtain firearms.
Unlike white supremacist groups, which explicitly call for victimizing racial and religious minorities, antifa’s mission is not inherently violent. One could argue that by opposing fascism, the group seeks to prevent mass violence. Antifa’s rampages normally end in property damage. It’s hard to argue that the group is lethal; the only recorded death related to antifa was in January 2019 when member Charles Landeros fired at police while being arrested. He missed and was killed by returning fire.
Compare that to self-described white supremacist Robert Gregory Bowers, who is charged with walking into the Pittsburgh Tree of Life synagogue in October 2018 and killing 11 Jews. That incident was not isolated. Patrick Crusius is charged with killing 23 people at an El Paso, Texas, Walmart in August, leaving behind a white nationalist manifesto. 
Crusius had posted about his intent to kill on the website 8chan. If white nationalists were considered terrorists, the NCTC might have been able to track and potentially stop the deadliest attack on Latinos in modern American history. 
However, Trump isn’t only ignoring white supremacist terrorism but actively pushing American institutions overlook it.
According to Reuters, Trump attempted to rename the Countering Violent Extremism program to “Countering Radical Islamic Extremism” — erasing white nationalist violence from its mission entirely. Under the current administration, federal prosecutors are limited in how they can bring white nationalists to justice. 
Whether you approve of antifa’s message or tactics, it is not nearly as consequential a threat to Americans as the vast number of white supremacist groups in this country. Although it might be more politically advantageous for Trump to rail against the anarchy-loving movement, he is driving this nation, and his blind spot endangers all Americans in his backseat.

Bill Barr's Corruption of the U.S. Justice Department

Trump and his consigliere.
Attorney General William Barr is a despicable individual serving an even more despicable individual, Donald Trump. Worse yet, he is utterly corrupting the U.S. Department of Justice and transforming it into a cog in Trump's crime syndicate like regime. Not only did Barr order the tear gas and rubber bullet attack on peaceful protesters in Lafayette Square, but he is throwing the Justice Department's reputation down the toilet as evidenced by his efforts to dismiss the case against confessed criminal and former Trump regime member Michael Flynn. Thankfully, the judge in the Flynn case refused to be bullied and appointed a retired judge with stellar credentials to investigate the Barr instigated effort to dismiss the case against Flynn, no doubt at Trump's request.  That investigator has slammed the Barr led effort and shows that Barr's idea of an independent Justice Department looks like something out of Hitler's Germany. Some will shrug and say so what, but should be re-elected, the misuse of the Justice Department could be used to attack and persecute those who oppose Trump and the corruption that he embodies.  A piece in the Washington Post looks at the investigator's findings and the depths of Barr's corruption.  Here are excerpts:

The latest development in the saga of Michael Flynn — disgraced former national security adviser, admitted criminal, conspiracy theorist and all-around sleazegives us yet more evidence of how completely President Trump and Attorney General William P. Barr have corrupted the Justice Department.
Back in May, long after Flynn had pleaded guilty to lying to FBI agents in their investigation into Russia’s attack on the 2016 election — which got him fired as national security adviser after 24 days on the job — Barr took the extraordinary step of seeking to drop the case against him before he could be sentenced. In response, the judge in the case asked a respected retired judge to make a recommendation about how this highly unusual situation should be handled.
That retired judge, John Gleeson, not only recommended that Flynn be sentenced as planned but issued a scathing report condemning the Justice Department’s actions in the case:
In his argument, Gleeson said the government’s “ostensible grounds” for seeking dismissal were “conclusively disproven” by its own earlier briefs; contradict the court’s prior orders and Justice Department positions taken in other cases; and “are riddled with inexplicable and elementary errors of law and fact.”
 A former federal prosecutor and judge for 22 years in Brooklyn — best known for putting the late mob boss John Gotti behind bars and presiding over the trial of “Wolf of Wall Street” stockbroker Jordan Belfort — Gleeson wrote that judges are empowered to protect their court’s integrity “from prosecutors who undertake corrupt, politically motivated dismissals. That is what has happened here. The Government has engaged in highly irregular conduct to benefit a political ally of the President.”
Not only that, Gleeson stated that “Flynn has indeed committed perjury in these proceedings, for which he deserves punishment,” but recommended that instead of a separate prosecution, Flynn’s misdeeds should be taken into account when he is sentenced for the crime he pleaded guilty to.
Gleeson’s conclusions aren’t surprising in their particulars, because anyone familiar with this case knows them to be an accurate representation of the action Barr took. There is no doubt about what Flynn did, nor that it was against the law, nor that he would have known he was breaking the law when he did it.
Yet Barr carried out Trump’s obvious wishes by intervening to help Flynn (just as he had done with the case against Trump confidante Roger Stone). As the New York Times reported: “A range of former prosecutors struggled to point to any previous instance in which the Justice Department had abandoned its own case after obtaining a guilty plea.”
Barr did it because it was what Trump wanted, and because he evidently shares Trump’s belief that the government should essentially be run like a mob family, in which those who have the boss’s favor need not be held accountable for any crimes they commit. Asked how history would judge his actions, Barr laughed and said, “History is written by the winners.”
But he and Trump haven’t won yet, at least not in this case. An appeals court is about to hear Flynn’s request that the case against him be dropped so he can escape any sanction at all; they’ll have to decide whether the judge can go ahead and sentence him even after the Justice Department has withdrawn. The case could well go all the way to the Supreme Court.
But if nothing else, we can take solace that there are at least some moments when the system is capable of speaking an obvious truth. Not even the most partisan Republican actually believes that Flynn is some kind of martyr, or that impartial justice demands he be unburdened from accountability for his choices. He’s Trump’s guy, so Trump’s AG should let him go. It’s as simple as that.
Gleeson’s report makes that clear. Let me point to this passage:
The reasons offered by the Government are so irregular, and so obviously pretextual, that they are deficient. Moreover, the facts surrounding the filing of the Government’s motion constitute clear evidence of gross prosecutorial abuse. They reveal an unconvincing effort to disguise as legitimate a decision to dismiss that is based solely on the fact that Flynn is a political ally of President Trump.
We’re not used to reading that kind of blunt language in legal documents, but it’s completely appropriate here. We all know what’s happening: Barr is trying to spring Flynn on the president’s behalf. It’s repellent, it’s corrupt, and in a better world it would itself be grounds for Barr’s impeachment.
That won’t happen, and the Supreme Court may come to Flynn’s rescue in the end. But, at least for now, it’s good to hear the truth spoken.

Tuesday, June 02, 2020

White Supremacists Pose as Antifa Online, Call for Violence

If one were to believe Donald Trump and William Barr - who increasingly reminds me of Herman Goering - all of the violence over the last number of nights is due to fa left activists and Antifa.  The reality, as with all things with Trump, is quite different and behind the scenes are white supremacists - Trumps core base - who want to spark a race war, something Trump would likely welcome as an excuse for ordering military troops to fire on citizens who oppose his regime and the endemic police brutality directed towards minorities, particularly blacks. As CNN is reporting some white supremacists are posing as Antifa and aiding in creating the pretense that violence is flowing only from the left.  Sadly, there exists a mix of white supremacists, so-called militias, and, of extreme right "Christians" who want to take the nation back to a pre-desegregation 1950 and who would embrace a dictator if it assisted in achieving that goal.  Here are highlights from CNN:
A Twitter account that tweeted a call to violence and claimed to be representing the position of "Antifa" was in fact created by a known white supremacist group, Twitter said Monday. The company removed the account.
"This account violated our platform manipulation and spam policy, specifically the creation of fake accounts," a Twitter spokesperson said in a statement. "We took action after the account sent a Tweet inciting violence and broke the Twitter Rules." Although the account only had a few hundred followers, it is an example of white supremacists seeking to inflame tensions in the United States by posing as left-wing activists online.
 The revelation of the account comes as President Donald Trump increasingly blames left-wing activists for violence occurring at protests across America.
On Sunday, Trump tweeted he would designate Antifa a terrorist organization, despite the US government having no existing legal authority to do so. Antifa, short for anti-fascists, describes a broad, loosely-organized group of people whose political beliefs lean toward the left — often the far-left — but do not conform with the Democratic Party platform.
The fake account, @ANTIFA_US, tweeted Sunday, "ALERT Tonight's the night, Comrades Tonight we say "F**k The City" and we move into the residential areas... the white hoods.... and we take what's ours #BlacklivesMaters #F**kAmerica."
 Twitter said that the account was in fact linked to Identity Evropa, a white power fraternity.
Though Twitter referred to the group as Identity Evropa when discussing the account's removal, the Anti Defamation League (ADL) states that the group dissolved and reformed under the name the American Identitarian Movement, which it also calls a white supremacist group.
 Twitter said it had shut down other fake accounts linked to Identity Evropa, too. The phenomenon of people on the right creating fake Antifa accounts predates the current wave of protests. The takedown Monday is not the first time a fake Antifa account linked to white supremacists has been suspended by Twitter, the spokesperson confirmed.

Tuesday, December 31, 2019

Will Voters Save America's Democracy?

We regularly hear it said that a coming election is the most important one ever.  In the case of the 2020 presidential election, this is in fact a true statement because, if Trump, is re-elected, the survival of American democracy itself is perhaps at issue. We find ourselves at the moment with a U.S. Senate that seems heel bent on making the same mistakes made by their Roman counterparts many centuries ago.  Then, the result was a dictatorship and imperial rule.  Now, Trump sees himself as a monarch and is out to destroy all of the institutions created by the Founding Fathers to prevent the rise of monarchical rule. A column in the Washington Post by a former Republican looks at both the savaging of government institutions under Trump with a complicit Republican Senate majority and the stakes facing the nation if Trump is not defeated. We clearly live in frightening times.  Here are column excerpts:

Two thousand and twenty will be a year in which U.S. institutions begin to recover from a nasty infection, or to reveal lasting disabilities. The immediate, televised test will come to a disturbingly weakened U.S. Senate.
This is the one institution that Americans decided the founders had gotten all wrong. Senators were initially selected by state legislatures as a counterbalance to the direct democracy of the House of Representatives. That changed with the ratification of the 17th Amendment to the Constitution in 1913. But the Senate’s immunity from public passions was partially maintained by six-year terms and by Senate rules allowing filibusters and requiring supermajorities to move forward at key moments. This gave individual senators extraordinary power to shape corporate outcomes and encouraged a healthy institutional arrogance.
The old Senate is nearly dead — mortally wounded by majority leaders of both parties who have prioritized efficiency over tradition. The current leader, Mitch McConnell, seems intent on delivering the coup de grace by publicly admitting to coordination with the White House in the impeachment process. This is the effective subordination of the Senate to the president, leaving a large hole where the framers intended an immovable object.
We are witnessing the triumph of partisanship over deliberation and senatorial self-respect. In the impeachment process, facts and democratic values apparently mean nothing. The majority leader has announced a verdict before the trial. . . . . obvious hypocrisy is viewed with pride rather than shame. And a vital constitutional process is revealed as a political pretense.
Most Republican senators have refused to even engage the damning testimony of people such as National Security Council aide Army Lt. Col. Alexander Vindman, vice-presidential aide Jennifer Williams, ousted Ukraine ambassador Marie Yovanovitch, former National Security Council aide Fiona Hill and former acting ambassador to Ukraine William B. Taylor Jr. These men and women risked their careers — and public slander by the president — to call out a serious abuse of presidential power. So far, virtually no Republican senators are willing to assume any risk to endorse their bravery.
The servility of Republican senators would leave both the Senate and the executive branch damaged and call into question Republican fitness to govern.
Other institutions are also about to be tested in 2020. Because the president views anyone he can hire and fire as his personal valet, the integrity of federal law enforcement is also under severe stress. President Trump has already secured the appointment of an attorney general willing to polish his shoes, wash his laundry and obscure his scandals. . . . . To a long list of professional milestones, Barr is adding toady, minion and yes man.
A similar type of institutional assault is taking place in the U.S. military. In his cartoonish conception of strength, the commander in chief clearly views members of the armed forces as “killing machines” who should act without conscience. And so he [Trump] has upended military discipline to absolve members of the military accused or convicted of war crimes.
In all these cases, a president of crude, cunning and low character is attempting to leave his imprint on important democratic institutions. During 2020, many will resist that influence — not as a “deep state” but as defenders of public integrity. They deserve our support. But only the presidential electorate can prevent four more years of institutional vandalism.

Sunday, September 29, 2019

William Barr - A Study in Corruption

Attorneys - including those in government positions - are supposed to adhere to ethical norms and recuse themselves from cases where they have a conflict of interest.  As Attorney General Attorney Barr has demonstrated over and over again, ethical conduct means nothing to him.  Instead of upholding the law, his sole focus is on serving as Donald Trump's consigliere and protecting crime boss like behavior from bearing legal consequences.  Efforts to obstruct justice and to protect Trump from by hiding evidence of Trump's impeachable acts on Barr's part is breath taking.  A piece in the New York Times looks at Barr's disturbing and likely unlawful behavior.  Here are excerpts:
[T]he whistle-blower’s stark, straightforward account of stupefying treachery deserves to be repeated as often as possible.
“In the course of my official duties, I have received information from multiple U.S. government officials that the president of the United States is using the power of his office to solicit interference from a foreign country in the 2020 U.S. election,” the whistle-blower wrote. “This interference includes, among other things, pressuring a foreign country to investigate one of the president’s main domestic political rivals. The president’s personal lawyer, Mr. Rudolph Giuliani, is a central figure in this effort. Attorney General Barr appears to be involved as well.”
Attorney General Barr appears to be involved as well. The whistle-blower’s complaint was deemed credible and urgent by Michael Atkinson, Trump’s own intelligence community inspector general, but Bill Barr’s Justice Department suppressed it. The Justice Department’s Office of Legal Counsel issued an opinion saying that the complaint needn’t be turned over to Congress, as the whistle-blower statute instructs. When Atkinson made a criminal referral to the Justice Department, it reportedly didn’t even open an investigation. And all the time, Barr was named in the complaint that his office was covering up.
Under any conceivable ethical standard, Barr should have recused himself. But ethical standards, perhaps needless to say, mean nothing in this administrationIn the Ukraine scandal, evidence of comprehensive corruption goes far beyond Trump. Former prosecutors have said that Rudy Giuliani, Trump’s personal attorney, may have been part of a criminal conspiracy when he pressed Ukrainian officials to open an investigation into Joe Biden and his son, Hunter.
Vice President Mike Pence is also tied to the shakedown of Ukraine’s president, Volodymyr Zelensky, having met with him this month to talk about “corruption” and American financial aid. When this administration complains about Ukrainian “corruption,” it almost inevitably means a failure to corruptly pursue investigations that would bolster conspiracy theories benefiting Trump.
The whistle-blower wrote that White House officials moved a word-for-word transcript of Trump’s phone call with Zelensky from the computer system where such transcripts were typically kept into a separate system for the most highly classified information. “According to White House officials I spoke with, this was ‘not the first time’ under this administration that a presidential transcript was placed into this codeword-level system solely for the purpose of protecting politically sensitive — rather than national security sensitive — information,” the whistle-blower said.
[A]ny lawyers involved in hiding these transcripts might have done something illegal. “The rule is it is both unethical and a crime for a lawyer to participate in altering, destroying or concealing a document, and here the allegation is that the word-for-word transcript was moved from the place where people ordinarily would think to look for it, to a place where it would not likely be found,” said Gillers. “That’s concealing.”
Then there’s Barr’s personal involvement in the Ukraine plot. In the reconstruction of Trump’s call with Zelensky that was released by the White House, Trump repeatedly said that he wanted Ukraine’s government to work with Barr on investigating the Bidens.
[S]aid Representative Jamie Raskin, a former constitutional law professor who now sits on the House Judiciary Committee, “the effort to suppress the existence of the phone conversation itself is an obvious obstruction of justice.”
But Barr’s refusal to recuse creates a sort of legal cul-de-sac. It’s only the Justice Department, ultimately, that can prosecute potential federal crimes arising from this scandal. Barr’s ethical nihilism, his utter indifference to ordinary norms of professional behavior, means that he’s retaining the authority to stop investigations into crimes he may have participated in.
“The administration of justice is cornered because the ultimate executive authority for that government role includes the people whose behavior is suspect,” said Gillers.
That makes the impeachment proceedings in the House, where Barr will likely be called as a witness, the last defense against complete administration lawlessness. “Just as the president is not above the law, the attorney general is not above the law,” said Raskin. “The president’s betrayal of his oath of office and the Constitution is the primary offense here, and we need to stay focused on that, but the attorney general’s prostitution of the Department of Justice for the president’s political agenda has been necessary to the president’s schemes and he will face his own reckoning.”
I hope Raskin is right. But until that day comes, people who care about the rule of law in this country should be screaming for Barr’s recusal, even if he won’t listen. He is now wrapped up in one of the gravest scandals in American political history. Can America’s chief law enforcement officer really be allowed to decide whether to criminally investigate misdeeds he might have helped to commit or to conceal? The answer will tell us just how crooked the justice system under Trump has become.
Barr is despicable and embodies the worse characteristics of an unethical lawyer.

Thursday, September 26, 2019

Impeachment Spotlight Will Snare Trump's Sycophants


Over the last two and a half years it has been amazing to see how willing so many Republicans with one time decent - if not stellar - reputations have been willing to prostitute themselves to Donald Trump and set the stage for history to remember them in a light similar to that of Nixon's Watergate co-conspirators and sycophants. A few in the GOP have refused to destroy their reputations and throw honor and the truth to the wind, but they have been the exception rather than the norm.  Now, some of those willing to make cheap whores look virtuous in their effort to give Trump political fellatio may rue the day they sold their souls for the political equivalent of pieces of silver, both due to the legal expense they will incur and because at the end of the day, their reputations may be destroyed for all time.  Leading this group are Rudi Giuliani and William Barr, each of whom has chose to act akin to Mafia consiglieres rather than defenders of the law.  A piece in Politico looks at the coming storm approaching these shameless Trump sycophants.  Here are highlights: 
Trump has done it again: He’s dragged some of his closest aides and advisers into a scandal packed with potentially devastating personal consequences. That’s good news for white-collar lawyers who charge by the hour.
But an investigation into allegations that Trump pressured his Ukrainian counterpart to investigate Joe Biden is hardly the kind of thing to be embraced by the wider world around Trump, a growing list that includes Vice President Mike Pence; some of his most important Cabinet officials such as secretary of state Mike Pompeo, attorney general Bill Barr and acting chief of staff Mick Mulvaney; and his own personal attorney at the center of it all, Rudy Giuliani.
They all face a long road ahead with the prospect of hefty legal bills, reputational scars and damaged political prospects hanging over them for years.
Watergate, of course, popularized “All the President’s Men” for the sheer breadth of people swept up in President Richard Nixon’s ultimate downfall.
“While it’s not quite Watergate, which is where Nixon got drawn into it by his senior staff, this is a situation where I think even more offensively [Trump] the president seems to have embroiled his close confidants in his own mischief,” said Philip LaCovara, a former top prosecutor on the special counsel team that examined Nixon’s conduct.
For starters, all of the people in the president’s world with ties to the Ukraine scandal can expect to get hauled up for congressional hearings — where the questioning in a Democratic-led impeachment investigation is sure to be anything but friendly.
Here’s a look at some of the key players surrounding the president who will be among the first to face a punishing spotlight as the impeachment inquiry ensnares Trumpworld.
Mike PenceFew are more important in Trump’s orbit on foreign policy than the the vice president. Pence is Trump’s right hand man when dealing with fellow world leaders. He’s often piped in for phone calls. And the two strategize about it all at their weekly lunches.
It’s with that pedigree that the president dispatched Pence earlier this month to cover for him in Poland on a trip that included a face-to-face meeting with Ukraine President Volodymyr Zelensky. In response to a direct question from a reporter whether they’d discussed Joe Biden, Pence acknowledged that the conversation covered U.S. financial support for the eastern Europe country and “corruption.”
During a Wednesday press conference where the threat of impeachment loomed, [Trump] the president pretty much tossed his No. 2 directly to the wolves. “I think you should ask for Vice President Pence's conversations, because he had a couple conversations also,” Trump said.
Bill BarrThe attorney general has seen his reputation savaged since joining the Trump administration at the start of 2019. He ran afoul of his longtime friend Robert Mueller over how he handled the end of the special counsel’s Russia probe. In July, his defiance alongside Commerce Secretary Wilbur Ross of congressional subpoenas prompted a House vote to hold them in criminal contempt — the second time in U.S. history that’s happened to a sitting Cabinet member.
Now there’s the Ukraine mess. . . . . A DOJ spokeswoman said Trump never directly asked Barr to begin a Biden probe, though that hardly quelled the concerns from Democrats. House Judiciary Chairman Jerry Nadler said Barr needs to recuse himself from the issue. Rep. Joaquin Castro, a Texas Democrat on the Intelligence Committee, called the attorney general a “witness that will be called to testify” in the impeachment investigation.
Mike PompeoPompeo has been careful to always eliminate any perception of daylight with the president. . . . Some of his larger trouble could come via the president’s personal lawyer, Giuliani, who says he was tasked by the State Department to engage with Ukrainian officials. It’s not clear what role Pompeo played in it all, though he has been a willing defender of the president on television. House Democrats are likely to seek clarity about his involvement in the coming months.
Mick MulvaneyThe president’s acting chief of staff has spared himself from the ever-present Trump axe in part by letting Trump be Trump. That could become a problem now.
His role in the West Wing puts him at the center of every major Trump engagement, including with foreign leaders. His continuing role as [Trump's] the president’s budget director puts him at the center of every major spending decision, including the holdup of hundreds of millions of dollars in military aid to Ukraine.
Rudy GiulianiWhere to even begin? The former New York mayor has relished his role on the Trump personal legal team, where he has served as an attack dog tarring the president’s investigators and a point man to go on friendly cable TV shows to uncork bad news in the best light possible. With the Ukraine-Biden matter, Giuliani has celebrated how he’s managed to get global press attention on a story that he hopes will undercut the current 2020 Democratic front-runner.
But Giuliani in the process has also made himself a potential witness, or more, over his months-long campaign — both behind the scenes and very much in the public eye — to get Ukrainian officials to commit to a Biden investigation. Trump in the phone call with Zelensky made it clear his lawyer was acting as his emissary on the issue. . . . . seven Democratic senators on Wednesday re-upped their own call — they first did it a year ago — to have the Justice Department’s National Security Division investigate whether Giuliani is in compliance with foreign lobbying laws.
All deserve a ruinous scrutiny and perhaps criminal charges of their own before all of this ends. I do not wish them even a shred of good luck in the coming days and weeks. 

Wednesday, May 29, 2019

Trump's Lies and Disingenuous Claims of Treason

If there is anyone betraying the best interest of the United States, I would argue that it is Donald Trump who is shredding our alliances and violating the emoluments clause of the U.S. Constitution daily.  Yet like Hitler did with his opponents who recognized him for the threat that he posed to Germany, Trump is wildly claiming the it is U.S. intelligence agencies and the FBI that are the traitors.  Trump seemingly views himself as the government in the form of a monarch and thereby any investigation of him and his dirty business dealings is "treason."  While James Comey is hardly among my favorite individuals - his bungling of the Clinton email red herring  helped elect Trump - in a column in the Washington Post he reminds us that facts matter and that Trump's baseless lies need to be confronted.  One can only hope that the media listens and goes after Trump and his minions accordingly. Here are op-ed highlights:

It is tempting for normal people to ignore [Trump] our president when he starts ranting about treason and corruption at the FBI. I understand the temptation. I’m the object of many of his rants, and even I try to ignore him.
But we shouldn’t, because millions of good people believe what a president of the United States says. In normal times, that’s healthy. But not now, when the president is a liar who doesn’t care what damage he does to vital institutions. We must call out his lies that the FBI was corrupt and committed treason, that we spied on the Trump campaign and tried to defeat Donald Trump. We must constantly return to the stubborn facts.
Russia engaged in a massive effort to interfere in the 2016 presidential election. Near as I can tell, there is only one U.S. leader who still denies that fact. The FBI saw the attack starting in mid-June 2016, with the first dumping of stolen emails. In late July, when we were hard at work trying to understand the scope of the effort, we learned that one of Trump’s foreign policy advisers knew about the Russian effort seven weeks before we did.
Of course, nobody from the Trump campaign told us this (or about later Russian approaches); we had to learn it, months after the fact, from an allied ambassador.
But when we finally learned of it in late July, what should the FBI have done? Let it go? Go tell the Trump campaign? Tell the press? No. Investigate, to see what the facts were. We didn’t know what was true. Maybe there was nothing to it, or maybe Americans were actively conspiring with the Russians. To find out, the FBI would live up to its name and investigate. . . . If there was something to it, we didn’t want to let corrupt Americans know we were onto them. So, we kept it secret. That’s how the FBI approaches all counterintelligence cases.
And there’s the first problem with Trump’s whole “treason” narrative. If we were “deep state” Clinton loyalists bent on stopping him, why would we keep it secret? Why wouldn’t the much-maligned FBI supervisor Peter Strzok — the alleged kingpin of the “treasonous” plot to stop Trump — tell anyone? He was one of the very few people who knew what we were investigating.
We didn’t “spy” on anyone’s campaign. We investigated to see whether it was true that Americans associated with the campaign had taken the Russians up on any offer of help. By late October, the investigators thought they had probable cause to get a federal court order to conduct electronic surveillance of a former Trump campaign adviser named Carter Page. Page was no longer with the campaign, but there was reason to believe he was acting as an agent of the Russian government.
There is a reason the non-fringe media doesn’t spend much time on this “treason” and “corruption” business. The conspiracy theory makes no sense. The FBI wasn’t out to get Donald Trump. It also wasn’t out to get Hillary Clinton. It was out to do its best to investigate serious matters while walking through a vicious political minefield.
But go ahead, investigate the investigators, if you must. When those investigations are over, you will find the work was done appropriately and focused only on discerning the truth of very serious allegations. There was no corruption. There was no treason. There was no attempted coup. Those are lies, and dumb lies at that. There were just good people trying to figure out what was true, under unprecedented circumstances.
Sadly, Attorney General William Barr is acting more like the consigliere to a Mafia crime boss than attorney general of the United States.  Rather than protect the American people and the justice system, his sole allegiance appears to be to Trump. 

Wednesday, May 01, 2019

Mueller Complained that Barr’s Letter Misrepresented Report Findings


For those inside and outside of the halls of Congress who have suspected Attorney General William Barr to be more concerned about protecting Der Trumpenführer than allowing the American people to know the truth, new ammunition to support that view now exists in the form of a letter from Robert Mueller to Barr complaining about Barr's mis-characterization of the Mueller Report's findings. Indeed, one Democrat has already called for Barr's resignation and Barr's appearance before Congress today will likely be stormy.  Like so many other Republicans, Barr has seemed only too willing to destroy his own reputation and how he will be viewed by history in a quest to prostitute himself to Trump.  A piece in the Washington Post looks at Mueller's complaint and why anything Barr claims now must be independently established.  Here are excerpts:
Special counsel Robert S. Mueller III wrote a letter in late March complaining to Attorney General William P. Barr that a four-page memo to Congress describing the principal conclusions of the investigation into President Trump “did not fully capture the context, nature, and substance” of Mueller’s work, according to a copy of the letter reviewed Tuesday by The Washington Post.
The letter and a subsequent phone call between the two men reveal the degree to which the longtime colleagues and friends disagreed as they handled the legally and politically fraught task of investigating the president. Democrats in Congress are likely to scrutinize Mueller’s complaints to Barr as they contemplate the prospect of opening impeachment proceedings and mull how hard to press for Mueller himself to testify publicly.
Mueller wrote the previously undisclosed private letter to the Justice Department, laying out his concerns in stark terms that shocked senior Justice Department officials, according to people familiar with the discussions.
 The summary letter the Department sent to Congress and released to the public late in the afternoon of March 24 did not fully capture the context, nature, and substance of this office’s work and conclusions,” Mueller wrote. “There is now public confusion about critical aspects of the results of our investigation. This threatens to undermine a central purpose for which the Department appointed the Special Counsel: to assure full public confidence in the outcome of the investigations.”
 The letter made a key request: that Barr release the 448-page report’s introductions and executive summaries, and it made initial suggested redactions for doing so, according to Justice Department officials.
 Barr has testified to Congress previously that Mueller declined the opportunity to review his four-page memo to lawmakers that distilled the essence of the special counsel’s findings.
 Mueller said he was concerned that media coverage of the obstruction investigation was misguided and creating public misunderstandings about the office’s work, according to Justice Department officials. Mueller did not express similar concerns about the public discussion of the investigation of Russia’s election interference, the officials said. Barr has testified previously he did not know whether Mueller supported his conclusion on obstruction.
 Throughout the conversation, Mueller’s main worry was that the public was not getting an accurate understanding of the obstruction investigation, officials said.
 In some team members’ view, the evidence they had gathered — especially on obstruction — was far more alarming and significant than how Barr had described it.
 Democrats have accused Barr of downplaying the seriousness of the evidence against the president.
Mueller’s report described 10 significant episodes of possible obstruction of justice but said that because of long-standing Justice Department policy that says a sitting president cannot be indicted and because of Justice Department practice regarding fairness toward those under investigation, his team did not reach a conclusion about whether the president had committed a crime.

Monday, April 22, 2019

What Next for the Democrats?


It is becoming increasingly clear that Attorney General William Barr basically lied about much of what is contained in the Mueller report and as more details emerge, Trump is clearly a lawless and dangerous force in the White House.   That said, rushing to impeach him - like the usually suspects, including Elizabeth Warren are already doing - could prove counterproductive and politically damaging.  Before any such effort is made  (if made at all), House Democrats need to carefully undertake further investigations and make the case for (i) Trump's unfitness for office, and (ii) why impeachment rather than merely voting Trump out of office in 2020 is the responsible move.  The goal would be to convince non-politically voters, including soccer moms more worried about PTA events and children sporting events that the destruction of America's democracy, why impeachment would not be a raw political exercise and put pressure on Republicans to belatedly stand to protect the constitutional order.  A column in The Atlantic makes the case for this reasoned and judicious approach.  Here are highlights:

What next? The substance of the Mueller report is only now beginning to penetrate through the fog of lies and distortions coming from the Attorney General William Barr, backed by his loyal lieutenant Rod Rosenstein. Even the redacted version makes visible the despicable behavior that emanated from the Trump campaign and the Trump White House, not to mention Trump himself, and the shocking penetration of Russia into our elections—with no visible response then or now from Republicans in power. But most Americans will not read or even get the gist of the Mueller report, or know much of what is in it, as they lead their own lives largely unfocused on politics and government.
So what should Democrats do? There is ample evidence of behavior on the part of the president that fits any reasonable definition of high crimes and misdemeanors—and most likely there will be a lot more, when the Southern District of New York and other jurisdictions of the Justice Department finish their work—at least if Barr does not stymie them. There is a constitutional responsibility for the House to follow up.
But a formal impeachment inquiry in the House Judiciary Committee would be politically perilous—and while politics cannot override duty, Democrats cannot risk the kind of 2020 backlash that would come if a large share of the voting public came to see the House as Javert-like, abandoning its focus on health care, jobs and the other issues that dominate most Americans’ lives in a monomaniacal quest to get Trump. A quick move to impeachment would be used by Trump and his acolytes, from the Senate to Fox and talk radio, to incite and outrage the GOP base.
That said, a failure to act, to do anything meaningful to bring this president and his gang of corrupt miscreants to heel, would rightfully enrage most liberal voters. Remember that the rage Republican primary voters felt at their party establishment in 2016, over broken promises to bring Obama to his knees, led to the nomination of Trump. A parallel rage among Democrats could lead to a deeply divided party and a disastrous presidential nomination.
There is, I believe, a reasonable path forward that, besides being politically palatable, has the added advantage of being the right thing to do. It starts with a coordinated and in-depth examination of the Mueller report by the House.
What we need is for the Judiciary, Intelligence, and Homeland Security Committees to conduct a series of deep dives into the areas of communication and coordination between Trump and his campaign with Russians and their surrogates, like Wikileaks; the multiple categories and areas of obstruction of justice that Mueller outlined; the threats to our intelligence operations and our justice system from Trump and his operatives; and the moves by Russia to interfere in and influence our elections used by Trump and unchecked by Republicans. Other committees, such as Ways and Means and Banking, need to be ready to do the same thing as more information emerges from the SDNY and the New York Attorney General, among others, about Trump’s financial dealings, including with the Russians, and about Russian money-laundering.
Democrats need to stage and coordinate hearings across committees and subcommittees, to make sure they do not overload Americans’ ability to pay attention. Most important, they need to structure the public hearings in a dramatically different way than usual. Each committee needs to use experienced counsel—a good examples might be former U.S. Attorney Preet Bharara—and limit if not abandon opening statements, except from the chairs. No five-minute rounds of questions going down the line of every committee member, . . .
Give the counsel an hour to set the frame and ask in-depth questions. Either follow that with another round for the counsel or have a small group of committee members take 15 or 30 minutes to ask questions in a sustained way with coordinated themes. This system might cause hard feelings among members who will not get their five minutes in the sun—and would reduce the public role for chairs—but it is better-suited to accomplish the larger goal. And that larger goal is to build a compelling record, through vivid testimony, of what Trump and his people, including his children, did and did not do, said and did not say truthfully, that are the core of Mueller’s report.
That kind of forum should be supplemented by another. Committees should do a series of roundtables, discussions with leading experts with deep experience in the Justice Department, including the FBI, in the White House, in the intelligence world, and elsewhere, to discuss in depth whether the behaviors they have seen in the Trump administration are typical or unusual, acceptable or unacceptable.
All of this is, in my view, a necessary predicate to the formal impeachment inquiry that could then follow. If done well—even as the House brought up measures to shore up the Affordable Care Act, to protect children from family separation, to improve the lives of working families, to begin to address infrastructure needs and clean energy, along with oversight of failures in disaster relief, border activities, college loan policy, and corruption in many departments—then impeachment would look powerfully more like a logical and necessary step, less like a vindictive, partisan move.
Democrats should not jump the gun on impeachment. But it would be a serious dereliction of duty if they did not move now to set the stage for what should happen when the time and setting are right.

Thursday, April 18, 2019

It’s Not the Collusion, It’s the Corruption


I have not had an opportunity to read the Mueller Report in full.  However, from those who have read portions, it does not appear to be the complete exoneration that Der Trumpenführer and the key element to remember is that the feds only issue indictments when they believe they have a near slam dunk case.  A failure to find a basis for indictment does not mean that there was lots of questionable  and borderline criminal activity. Plus, one must be mindful of the ridiculous Justice Department position that a sitting president cannot be indicted - something that elevates the presidency to near monarchy status.   Frequent GOP apologist David Brooks - who helped give rise to a Republican Part ythat could nominate someone like Trump - makes the case that the Mueller Report is not good news for Trump and his sycophants  and that some of the findings should be disturbing to thinking, truly patriotic Americans. Here are column highlights:
The Mueller report is like a legal version of a thriller movie in which three malevolent forces are attacking a city all at once. Everybody’s wondering if the three attackers are working together. The report concludes that they weren't, but that doesn’t make the situation any less scary or the threat any less real.
The first force is Donald Trump, who represents a threat to the American systems of governance. Centuries ago our founders created a system of laws and not men. In our system of government there are procedures in place, based on certain values — impartiality, respect for institutions, the idea that a public office is a public trust, not a private bauble.
When Trump appears in the Mueller report, he is often running roughshod over these systems and violating these values. He asks his lawyer to hamper an investigation. He asks his F.B.I. director to take the heat off his allies. He tries to get the relevant investigators fired. I don’t know if his actions meet the legal standard of obstruction of justice, but they certainly meet the common-sense standard of interference with justice.
The second force is Russia. If Trump is a threat to the institutional infrastructure, the Russians are a threat to our informational infrastructure. We knew this already, but it was still startling to see the fact declared so bluntly — that the Russian government interfered in the 2016 election “in sweeping and systematic fashion.”
[I]f a foreign government is attacking the factual record on which democracy runs, it is still a sort of warfare. The Russians are trying to undermine the information we use to converse, and the trust that makes conversation possible.
The third force is Julian Assange and WikiLeaks. They are a threat to our deliberative infrastructure. Any organization needs to be able to hold private conversations in order to deliberate. Whether it is State Department cables or Democratic National Committee emails, WikiLeaks has violated privacy and made it harder for institutions to function.
We’re now in a situation in which some of the worst people on earth get to determine what gets published.
The Mueller report indicates that Trump was not colluding with Russia. But it also shows that working relationships were beginning to be built, through networkers like Paul Manafort, Donald Trump Jr. and Roger Stone. More important, it shows that many of the Trumpists, the Russians and the WikiLeaks crowd all understood that they were somehow adjacent actors in the same project.
I would say that’s the report’s central importance. We are being threatened in a very distinct way. The infrastructure of the society is under threat — the procedures that shape government, the credibility of information, the privacy rules that make deliberation possible. . . . . It is as if somebody is inserting acids into a body that eats away at the ligaments and the tendons.
These forces are motivated by self-interest, but their common feature is an operational nihilism. They are trying to sow disorder at the foundation of society. The goal is not really to convert anybody to a cause; it is to create cynicism and disruption that will open up the space to grab what you want to grab. They rig the system and then tell everybody, “The system is rigged!” And therefore, all values are suspended. Everything is permitted.
The system more or less held this time. But that’s just because people around Trump often refused to do what he told them to do. And we happened to have Robert Mueller, who seems to be a fair referee.
The Justice Department has not been defended from political assault. William Barr’s news conference before the report’s release eroded any claim to impartiality and trustworthiness.
Trump doesn’t seem to have any notion of loyalty to an office. All power in his eye is personal power, and the government is there to serve his Sun God self. He’ll continue to trample the proper systems of government.
It’s easy to recognize when you are attacked head-on. But the U.S. is being attacked from below, at the level of the foundations we take for granted.

Friday, April 05, 2019

Barr Has Made a Total Mess of the Mueller Report, and Undermined DOJ


Many felt that William Barr should never have been confirmed as Attorney General given his unseemly effort to audition for the position by releasing an unsolicited opinion that basically trashed the basis for the Mueller report and made the argument that the office of the president was above the law - a concept that would have shocked the Founding Fathers. Through his handling of the release of the Mueller report, Barr has confirmed the worse fears of his critics and, worse yet, has further damaged the reputation and public perception of the U.S. Department of Justice. What is puzzling to many is why Barr - who was retired and had a decent reputation - has chosen a course that will likely sully him in the view of history not to mention further undermine the public trust in governmental institutions. Is the public political fellatio of Donald Trump worth that? Barr's window of opportunity to save his own reputation and that of the Justice Department is closing rapidly and time will tell if he will opt throw away and shred of honor and principle like so many Republicans have done to date.  A piece in Politico looks at the damage Barr is doing. Here are highlights:

Ever since would-be First Gentleman Bill Clinton stepped onto Attorney General Loretta Lynch’s plane in June 2016, the Justice Department has found itself in the worst position possible for a nonpolitical law enforcement agency — that of leading actor in the nation’s most hotly contested political dramas.
William Barr’s confirmation as Sessions’ successor was supposed to provide a reset to those turbulent times. A respected former attorney general who didn’t need the job, he promised that his extensive experience and end-of-career status would allow him to make decisions regardless of what a president notoriously hostile to the Justice Department’s normal practices wanted.
Instead, Barr’s handling of the conclusion of the 22-month long investigation by special counsel Robert Mueller into Russian interference in the 2016 election has thrust a new cloud over the Justice Department and his leadership, one that has grown darker with the reports that some members of the special counsel’s team believe he has mischaracterized their findings and needlessly inserted himself into the process to make his own determination as to whether the president obstructed justice.
Barr is now in open warfare with the special counsel’s office, with his spokesperson releasing a statement Thursday that seemed to push back on the contention, leaked to the New York Times and Washington Post, that he could have released a summary written by the special counsel’s office rather than his own version of events.
Barr has also moved the goal posts on what categories of information would be redacted from the report, adding two new ones to the list he announced on March 24, while refusing so far to ask a court for permission to release grand jury material, as the Justice Department did at the conclusion of two previous investigations into presidential misconduct.
The attorney general’s actions raise suspicions about whether he is acting primarily to benefit [Trump] the president because they don’t make sense when viewed through any other lens. Barr is neither inexperienced nor naive, yet when deciding among the several options available to him when he received Mueller’s report, he chose the one course of action that would raise questions about his own integrity and plunge the Justice Department into political controversy.
Barr simply could have told Congress that he had received the report and would make a version available when he had completed his review and made appropriate redactions. He could have released Mueller’s principal findings, as he initially said he would do, without adding his own conclusion on obstruction of justice. Or he could have released one of the multiple summaries prepared by Mueller’s team while review of the full report continued.
Barr instead chose the one path that could call his behavior into question, while negating the entire reason for appointing a special counsel in the first place: to ensure that the taint of politics is removed from the Justice Department’s decision-making. That choice would be odd for any attorney general. It makes even less sense for one whose impartiality was questioned from the outset, given that he was chosen for the job after he wrote an unsolicited memo questioning some of the very foundations of the special counsel’s investigation.
Barr still has a chance to lift the cloud his actions have placed over his leadership, but to do so, he will have to reverse course quickly. . . . he should follow the precedent the department set in both the Starr investigation and the 2016 Clinton email investigation and provide underlying investigative materials to lawmakers.
Mueller is one of the most talented and respected prosecutors of his generation, and his integrity will accrue to Barr’s benefit, if only Barr will let it. The sniping the Justice Department has directed toward the special counsel’s office in the press over the past two weeks, both on the record and through leaks to reporters, is not just unseemly — it also hurts the entire department and its ability to do its job.
If the Justice Department has any hope of restoring the reputation that has been tarnished — sometimes fairly, sometimes not — through the past three years of political combat, it will be by leaning on Mueller’s hard-earned reputation and letting his work speak for itself. Barr should get out of the way and let that happen. Otherwise, he will deserve all the criticism he gets, and both he and the Justice Department will suffer for it.

Wednesday, April 03, 2019

Mueller’s Team: Their Findings More Damaging for Trump Than Barr Indicated

Is Barr covering up for Trump?
When Attorney General William Barr issued his 3 and a half page letter summarizing the Mueller report, the reaction of many - including yours truly - was that Barr was trying to protect Donald Trump and sanitize a report that likely contained many disturbing findings on the Trump campaigns contacts with Russian operatives and Der Trumpenführer's efforts to sabotage any meaningful investigation of Trump and his campaign.  Such distrust of Barr hearkens back to his unsolicited memo  to the Department of Justice on the validity of the Mueller investigation ion the issue of obstruction of justice.  Here are reminders from CNN about the Barr's memo:
Nearly a year before his letter Sunday telling lawmakers he did not believe President Donald Trump committed obstruction of justice, Attorney General William Barr authored a memo saying he thought the obstruction investigation was "fatally misconceived."
Barr, then a private citizen and former attorney general to President George H. W. Bush, issued the memo to senior Justice Department officials in June 2018.  In his memo, Barr added that Trump asking then-FBI Director James Comey to let go of the investigation into former national security adviser Michael Flynn and later firing Comey was within his powers as head of the executive branch.

In his recent letter, Barr - not surprisingly - found that no obstruction of justice had occurred. Recently, two pundits aptly described Barr's unsolicited memo as the equivalent of a prostitute hiking her skirt up to her waist to show her "wares" as Barr seemingly sought to catch Trump's attention and secure the AG nomination for himself.  Now, members of Mueller's investigative team have alleged that Barr had understated the damaging findings of the Mueller report.  Here are highlights from the New York Times:

Some of Robert S. Mueller III’s investigators have told associates that Attorney General William P. Barr failed to adequately portray the findings of their inquiry and that they were more troubling for President Trump than Mr. Barr indicated, according to government officials and others familiar with their simmering frustrations.
At stake in the dispute — the first evidence of tension between Mr. Barr and the special counsel’s office — is who shapes the public’s initial understanding of one of the most consequential government investigations in American history. Some members of Mr. Mueller’s team are concerned that, because Mr. Barr created the first narrative of the special counsel’s findings, Americans’ views will have hardened before the investigation’s conclusions become public.
The special counsel’s investigators had already written multiple summaries of the report, and some team members believe that Mr. Barr should have included more of their material in the four-page letter he wrote on March 24 laying out their main conclusions, according to government officials familiar with the investigation.
Barr was also wary of departing from Justice Department practice not to disclose derogatory details in closing an investigation, according to two government officials familiar with Mr. Barr’s thinking.
[T]he report is believed to examine Mr. Trump’s efforts to thwart the investigation. It was unclear how much discussion Mr. Mueller and his investigators had with senior Justice Department officials about how their findings would be made public. It was also unclear how widespread the vexation is among the special counsel team, which included 19 lawyers, about 40 F.B.I. agents and other personnel. . . . . the special counsel’s investigators fell short of their task by declining to decide whether Mr. Trump illegally obstructed the inquiry, according to the two government officials.
A debate over how the special counsel’s conclusions are represented has played out in public as well in recent weeks, with Democrats in Congress accusing Mr. Barr of intervening to color the outcome of the investigation in the president’s favor.
Barr said that Mr. Mueller found no conspiracy between Mr. Trump’s campaign and Russia’s 2016 election interference. While Mr. Mueller made no decision on his other main question, whether the president illegally obstructed the inquiry, he explicitly stopped short of exonerating Mr. Trump.
Mr. Barr’s promises of transparency have done little to appease Democrats who control the House. The House Judiciary Committee voted on Wednesday to let its chairman use a subpoena to try to compel Mr. Barr to hand over a full copy of the Mueller report and its underlying evidence to Congress. The chairman, Representative Jerrold Nadler, Democrat of New York, has not said when he will use the subpoena, but made clear on Wednesday that he did not trust Mr. Barr’s characterization of what Mr. Mueller’s team found.
I remain adamant that the full report - redacted only to protect confidential sources and true national security issues - be publicly released ASAP.  I and other Americans do not need Mr. Barr telling us what a report says that we are perfectly capable of reading for ourselves.